General Election Campaign: Abuse and Intimidation
(Limited Text - Ministerial Extracts only)
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The Parliamentary Under-Secretary of State for the Home Department (Sarah Newton)
I beg to move,
That this House has considered the abuse and intimidation of candidates and the public during the General Election campaign.
I am sure that you, Mr Deputy Speaker, and—I hope—Members from all parties will agree that it is essential for our democracy that people are able to stand for office and to become a Member of Parliament without fearing that they will experience abuse. It is equally essential that MPs are able to represent their constituents without being abused or intimidated. Indeed, that applies to anyone serving in public office, whether a democratically elected candidate or the people serving in our vital public services. We should all be able to go about our work and live our lives without fear of abuse or intimidation. The Government absolutely recognise that this is a very serious issue that affects not only MPs and parliamentary candidates from all parties, but the wider public. I know that many Members will talk this afternoon about how they, their families and their communities have been personally affected.
Fear of abuse or intimidation can have far-reaching consequences. It has the potential to affect people’s desire to stand for office or public service in the first place. In turn, that can have a negative impact for us all and for our democracy. That is why in July the Prime Minister asked the Committee on Standards in Public Life to carry out a review of the intimidation experienced by parliamentary candidates. The review sought to gather evidence of harassment and to consider what action is needed to ensure the integrity of the democratic process. The consultation closed last week and the findings are now being analysed. I am sure that the committee will make good progress with its work and act as quickly as possible. The Government look forward to reading its recommendations.
Although it is really important that we look at what more we can do, I want to reassure all Members that arrangements are in place to ensure their safety. The police and the Parliamentary Security Department continue to work to ensure that appropriate security measures are in place. Personal security advice and guidance has been provided to all Members, and a package of security measures is available for homes and constituency offices. Support and advice regarding security and any concerns around personal safety are available from the Members’ security support service and the Parliamentary Liaison and Investigation Team, and all measures are kept under review.
Alison Thewliss (Glasgow Central) (SNP)
The Minister may not be aware of this but when we were leaving the House in the wee small hours of Tuesday morning, a television camera was outside the gates of the House of Commons filming MPs as they were leaving. That means that people watching television would know who leaves at what time, who leaves together and in which direction they are heading. Can she raise those kinds of things with broadcasters?
Sarah Newton
The hon. Lady raises a very serious issue. I encourage her to contact the House security team, but, as she has raised those issues today, they will be looked at by the police and the House security service to see what more can be done. That may include having conversations with the media if it is felt that their actions are increasing the risk to ourselves and our staff. There would have been many staff working in Parliament that evening, supporting our democratic process, and they, too, might have been under threat.
I think that we can all agree that freedom of speech and expression are fundamental human rights. However, there is a responsibility that comes with those rights. When a person’s views cross a boundary into criminal acts, action must be taken. The Public Order Act 1986 includes a number of offences that tackle such behaviour, including offences of fear, provocation of violence, intentional harassment, alarm or distress. I know that there have been some shocking instances of abuse directed towards MPs, and equally shocking examples of hate crime. We wholly condemn any personal attacks or abuse towards MPs. When MPs receive racial abuse, or abuse on the grounds of religion, sexual orientation, disability or transgender identity, they should report it to the police, so that it is treated as a hate crime.
Sir Hugo Swire (East Devon) (Con)
Can my hon. Friend tell the House how many successful prosecutions there have been for any of these crimes?
Sarah Newton
I do not have the latest figures on hate crime prosecutions to hand, but I can absolutely assure my right hon. Friend that the number of people reporting hate crime has significantly increased, as have the prosecutions and convictions. Thanks to the bravery of two of our female colleagues from these Benches who were subjected to appalling hate crime and stalking, prosecutions were secured and the perpetrators are now in prison, where they so richly deserve to be. I hope that that sends out a very strong message that this type of intimidation will simply not be tolerated.
The Prime Minister made her views very clear when she said that
“hate crime of any kind is completely unacceptable. It divides communities, destroys lives and makes us weaker. Britain is thriving precisely because we welcome people from all backgrounds, faiths and ethnicities, and that is something we must strive to protect.”—[Official Report, 12 July 2017; Vol. 627, c. 168WH.]
One of the first actions of the Home Secretary was to launch the hate crime action plan, which sets out steps that we are taking to prevent these crimes, boost the reporting of offences and support victims. It focuses on five key areas: preventing hate crime by challenging beliefs and behaviours; responding to hate crime in our communities with the aim of reducing the number of incidents; increasing reporting; improving support for victims; and building up our understanding of the motivation of hate crime.
We already have a strong legislative framework in place to tackle these crimes. The action plan lists new actions to ensure that the legislation is used effectively to support victims and deal with perpetrators. We recognise the importance of ensuring that the police response to hate crime is as good as it can possibly be, which is why the Home Secretary has asked Her Majesty’s inspectorate of constabulary to carry out an inspection into how the police deal with all five strands of hate crimes, including online abuse. That inspection will take place during this financial year. We are very keen to see what HMIC finds and how the issues are addressed.
I know that, for many Members, the issue of online abuse is one of particular concern. The Government are absolutely clear that abusive and threatening behaviour online is totally unacceptable—whoever the target.
Mrs Pauline Latham (Mid Derbyshire) (Con)
I read in today’s paper that even Laura Kuenssberg was verbally attacked during the election campaign and had to be accompanied by security officers. Surely even the press—I do not like everything that the BBC says or do—should be protected and able to have free speech.
Sarah Newton
My hon. Friend makes an extremely valid point. Hate crime is totally unacceptable. No one —whether they are a journalist, police officer, nurse, or anyone else in our country—should be subjected to hate crime.
Bob Stewart (Beckenham) (Con)
It gets worse than that—it goes to children. All my four children have been hassled by other kids in their local schools because of the job of their father. There is little that can be done about that, because they are children. My kids are robust enough to withstand it, but such behaviour is taken to a new level when, during the last general election, a teacher tells the class of my 13-year-old boy that nobody should talk to him because he is the son of a Conservative MP.
Hon. Members: “Shame!”
Sarah Newton
I am grateful to my hon. and gallant Friend for sharing with the House such a personal and deeply upsetting and troubling incident that has happened to his son. That is simply unacceptable. It is a noble thing to stand for election; and it is a noble thing to want to represent your community, whether as a councillor or as an MP in this place. People such as teachers who are in a position of authority and influence should be supporting and upholding the shared values of our country. It is most disappointing to hear of somebody in such a powerful and influential position letting themselves and their profession down.
The Government are absolutely clear that this abusive and threatening behaviour that we are increasingly seeing online is totally unacceptable—whoever the target.
Vicky Ford (Chelmsford) (Con)
Does my hon. Friend agree that we should be particularly concerned about those who are vulnerable? I have in mind the case of one of my Conservative colleagues who stood in the east of England. She was threatened with rape online. Then the threat was, “Shoot her, then pull her teeth out of her jaw while she fades away.” The said candidate is partially sighted and was going around the constituency every day with her dog. It is exactly those sorts of people whom we should encourage to be in this House, which is why those of us who are here must stand up and defend them.
Sarah Newton
I am very grateful to my hon. Friend for sharing that experience. She is absolutely right: it is essential that people from every sort of background and from every part of our country feel that they can represent their communities. The Conservative party has put in a lot of effort over a number of years to break down the barriers so that people with disabilities can serve their communities locally or nationally. I was very proud of our party for setting up a new fund in the Cabinet Office, which provides funding to people who need to make reasonable adjustments to stand for office and to serve their community. I hope that my hon. Friend will pass on to that candidate our sincere gratitude for her perseverance—not being bullied or intimidated, but carrying on and taking a message of hope to her community. I encourage her to report that incident to the police. She has clear online evidence of hate crime perpetrated against her, and I would fully expect her local constabulary to take that seriously and go after the appalling person who wrote such things.
Alex Chalk (Cheltenham) (Con)
Does my hon. Friend agree that the social media platforms have a role to play? So many people get fed up with reporting abuse and nothing seems to happen to the individual who perpetrates it. If social media companies are serious about upholding their house rules, is it not vital that they issue a system of yellow cards and, if necessary, red cards to stop people having the platform they need to perpetrate this vile abuse?
Sarah Newton
My hon. Friend makes an incredibly important point. When social media companies are notified of this type of abuse, harassment and bullying, we expect them to take that material down. The police have the power to request that such material is taken down. It is important that people report instances of hate crime, and that those reports are followed up and prosecuted.
The law does not differentiate criminal offences committed on social media from those committed anywhere else. It is the action that is illegal. Robust legislation is in place to deal with internet trolls, cyber-stalking, harassment, and perpetrators of grossly offensive, obscene or menacing behaviour. A number of criminal offences may be committed by those abusing others on social media. These include credible threats of violence; damage to property; sending grossly offensive, indecent, obscene or menacing messages; harassment; and stalking.
The Crown Prosecution Service recently revised its guidelines on social media to help to ensure a robust criminal justice system response. The updated guidelines incorporate new and emerging crimes that are being committed online and provide clear advice to help with the prosecution of cyber-enabled crime. On 21 August, the CPS published new public statements on how it will prosecute hate crime. The Director of Public Prosecutions committed the CPS to treating online hate crimes as seriously as those committed face to face. The CPS also launched revised legal guidance that sets out how prosecutors should make the charging decisions and handle these cases in court.
Victoria Prentis (Banbury) (Con)
My hon. Friend is aware that the law moves exceedingly slowly on occasion. Would it be possible to encourage Facebook and other social media platforms themselves to have a system—not a criminal system, but perhaps a red-card one, as my hon. Friend the Member for Cheltenham (Alex Chalk) suggested—to enable accounts to be taken down when abuse routinely appears on the accounts of armchair warriors?
Sarah Newton
My hon. Friend makes an important point. We absolutely recognise that this is not just about the law, although the CPS has moved swiftly and done a thoroughly good job in this instance. The number of prosecutions is increasing. As if by magic, I now have the figure for successful prosecutions; it is now running at more than 15,000 a year. That is significant progress with the tools and guidance available.
Social media companies have a vital role to play. The recently enacted Digital Economy Act 2017 requires the establishment of a code of practice for social media providers. The code will set out guidance about what social media providers should do in relation to conduct on their platforms, including bullying or insulting an individual or other behaviour likely to intimidate or humiliate them. The Government are considering how to take forward the social media code of practice as part of the digital charter. We will shortly provide more details about the consultation and what should happen.
Martin Whitfield (East Lothian) (Lab)
The social media platforms seem to achieve the red, amber and green cards when it comes to copyright and they are at risk of financial consequences. But they do not seem to be able to achieve that with bullying and harassment.
Sarah Newton
I absolutely agree that these companies need to do a lot more. They need to act with vigour, determination and speed in addressing the abuse that their platforms are enabling. I am sure that they will listen to the contributions made today by colleagues across the House, and we hope that they will respond, just as we very much hope that they will respond swiftly and thoroughly to any recommendations that come out of the review.
Rachel Maclean (Redditch) (Con)
I have just returned from a tour of the BBC studios, where I was delighted to see the emphasis placed on fact-checking, which plays a vital part in our democracy. I fear that social media has a reach above and beyond any form of impartiality. I am sure that I speak for colleagues on both sides of the House when I say that, as an individual parliamentary candidate—even with the resources of a political party—it is impossible to rebut fake news, wherever it comes from. The vast reach of some of these platforms, with no respect whatever of the truth or any kind of facts, completely overwhelms us all.
Sarah Newton
I am pleased to hear that my hon. Friend has recently visited the BBC. Its fact-checking work is invaluable during elections and all year round. A number of extremely good programmes on the radio and television look at statistics and provide really good rebuttals to some of the myths we hear peddled. Social media companies need to do more. They have a responsibility to act when there is clear evidence of information being put out and leading to the sort of harm we are seeing.
Sarah Newton
I will just finish my point, but then I will definitely take more interventions.
The work we are doing in schools is incredibly important, so that young people are taught to be critical thinkers, are robust and are able to ask themselves some straightforward questions about the motivation of the person putting information before them. They will then become more resilient and questioning, coming to their own conclusions and accessing the very good resources that give the facts of the matter.
Alex Chalk
Does my hon. Friend agree that the duties of social media companies have to go beyond simply deleting an offensive post? They have to ensure that there are consequences for the perpetrator by suspending or even deleting their account. The companies show themselves to be incredibly reluctant to do so, no doubt for financial reasons, and they need to reassess. Does she agree?
Sarah Newton
There must be consequences for perpetrators of hate crime and the list of crimes that I have outlined. It is essential that people report, so that the police can take the appropriate action and people feel that there are consequences for the crimes they commit.
Vicky Ford
I just want to go back to the case I mentioned earlier of the partially sighted candidate who was threatened with rape, among other threats. My hon. Friend suggested that the candidate should ensure that the police were aware of the situation. One of the advantages of today’s media is that I have since been in contact with her. She said that the police were notified but, when asked again, they said that they had not received a notification of the crime being reported. I understand that it was an intense period for the police, but does my hon. Friend think we may need better guidelines for how they should react?
Sarah Newton
I thank my hon. Friend for that further intervention, and I am disappointed to hear that that was her constituent’s experience. As part of the hate crime action plan, further guidance was given. My colleagues in the Home Office work closely with law enforcement and the College of Policing to make sure frontline police officers have the tools and skills necessary. We hope that the HMIC inspection of the police response to hate crime will highlight good practice, which I am sure does exist around the country, but if there are areas for improvement, that will also be highlighted, and we will review the findings of that inspection with our colleagues in law enforcement to see whether there is anything further we need to do.
Sadly, it is not only MPs and candidates who are experiencing intimidation. The intimidation of voters during election campaigns is unacceptable and must also be addressed. Sir Eric Pickles’s review of electoral fraud made a range of recommendations for tightening up on the integrity of our electoral system, including by addressing the intimidation of voters. The review identified a number of areas in which the existing rules at elections could be tightened. In particular, it recommended that greater powers should be given to returning officers and the police to take action to address unwanted and inappropriate behaviour in and around polling stations—for example, by setting up cordons sanitaires.
In the Government’s response to Sir Eric’s report, we indicated that we are supportive of those proposed changes. Some will require primary legislation, and we look forward to bringing the provisions forward as soon as the opportunity arises. We will also consider with the Electoral Commission how existing guidance to returning officers and their staff must be strengthened.
In conclusion, I want to make it absolutely clear that the targeting of abusive, intimidating or harassing behaviours at any individual—whether an MP, a candidate, a member of their staff or family, or a member of the public—is utterly unacceptable. There is simply no place in our democracy for these behaviours.
Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)
I have listened with keen interest to all that the Minister has said, and I cannot disagree with it, but I do want to make the point that a lot of female MPs on both sides of the House have been treated abominably in hundreds of thousands of texts and on that Facebook thing—I do not do it myself, but the Minister knows what I mean. It is just not acceptable to say that an MP can get thousands of these texts—whether from political opponents or, God help us, political friends. We need to take stronger action. We cannot have MPs feeling threatened when they have children and families. We heard from my hon. Friend the Member for Beckenham (Bob Stewart), the former colonel, about what happened in his son’s school. This is just the tip of the iceberg. Action has to be required in law; it cannot be voluntary. Does the Minister not agree?
Sarah Newton
I absolutely agree. We take this issue very seriously, and that is why the independent review was set up. I am sure Members on both sides of the House will contribute evidence to it. The Select Committees have also done some good work on this issue, and they have submitted reviews. I hope that no Members of Parliament feel intimidated or pressured not to come forward. It is essential that they share their personal experiences, which are often harrowing, as we have already heard, and, sadly, as I am sure we will hear further in the debate.
We cannot tolerate this behaviour. There should be no fear in this House. There should be no fear in our democracy. We will do absolutely everything we can to ensure that anybody who wants to serve their community and their country can stand for office without fear.
The Parliamentary Secretary, Cabinet Office (Chris Skidmore)
I thank all Members from both sides of the House who have participated in this important debate: my hon. Friends the Members for Mid Derbyshire (Mrs Latham), for Brentwood and Ongar (Alex Burghart), for Bridgwater and West Somerset (Mr Liddell-Grainger), for Boston and Skegness (Matt Warman) and for Angus (Kirstene Hair), my right hon. Friend the Member for East Devon (Sir Hugo Swire), and the hon. Members for East Lothian (Martin Whitfield), for Edinburgh West (Christine Jardine), for Oldham West and Royton (Jim McMahon), for Glasgow North (Patrick Grady), for Hyndburn (Graham P. Jones) and for Newcastle upon Tyne Central (Chi Onwurah). I thank all of them for their considered and measured tones. This is one of those occasions when we come together as a House. We are, of course, members of separate political parties, but we are first and foremost Members of Parliament and we have a collective duty to future Members and to those who wish to stand as candidates for the best job in the world, as the hon. Member for Newcastle upon Tyne Central put it. We have a duty to safeguard our democracy and to ensure that such abuse has no place in it.
Once again, we have heard about the disturbing instances of abuse and intimidation suffered by Members on both sides of the House—they were similar to what was described in a vivid Westminster Hall debate on 12 July. Members and the Government take such instances seriously as a matter of great concern. The Government were determined to ensure that we had this second debate in the main Chamber to ensure that all Members who wanted to put on record their experiences of abuse and intimidation were able to do so. The descriptions of the abuse and intimidation suffered by hon. Members are worrying, but the fact that such behaviour seems to be on the rise is deeply concerning. The Prime Minster has said:
“Robust debate is a vital part of our democracy, but there can be no place for the shocking threats and abuse we have seen in recent months.”
No one in our open and tolerant society should have to suffer this vile treatment directed towards themselves, their staff, or their friends and family. The Government condemn such behaviour in the strongest terms.
Turning to the review being undertaken by the Committee on Standards in Public Life, the Government believe that it is fundamental to our democratic process that no individual should feel unwilling to stand for office due to a fear of suffering abuse and intimidation. That would be a victory for the perpetrators of this heinous behaviour, which we cannot allow. That was why the Prime Minister asked the committee to conduct a review into the intimidation experienced by parliamentary candidates. The independent committee—it is vital that it is independent—is looking at the nature of the problem of intimidation and considering the current protections and measures in place for candidates. It aims to report back to the Prime Minister by the end of the year with recommendations to tackle the issue further.
The committee has already issued a call for written evidence—the consultation ended on 8 September—and is today holding oral evidence sessions with representatives from the police, the Crown Prosecution Service and the political parties. Parties have also submitted their own written evidence. The Government will look closely at the committee’s recommendations and conclusions, and that will be the appropriate time for the Government to take action—we should not prejudge or pre-empt the conclusions now.
In tackling online abuse, internet trolls, cyber-stalking and harassment, and the perpetrators of grossly offensive, obscene or menacing behaviour, the Government are determined to take forward measures to ensure that effective legislation is in place. That has included modifying relevant offences through the Criminal Justice and Courts Act 2015 to ensure that people who commit them are prosecuted and properly punished, including with sentences of up to two years.
The law is clear that what is illegal offline is also illegal online. Section 127 of the Communications Act 2003 creates an offence of sending, or causing to be sent
“by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character”.
Revised guidance on social media was published by the Crown Prosecution Service in August 2016 to incorporate new and emerging crimes that are being committed online, providing clear advice to help the prosecution of cyber-enabled crime. When launching the CPS’s hate crime awareness campaign in August 2017, I was pleased to hear the Director of Public Prosecutions commit the CPS to treating online hate crime as seriously as crimes committed face to face, which is an important step forward.
Social media, like all forms of public communication, comes with risks, and the Government are aware of concerns about content and inappropriate or upsetting behaviour on social media. The law does not differentiate criminal offences committed on social media or anywhere else—it is the action that is illegal. Again, what is illegal offline is illegal online.
Sir Hugo Swire
I asked earlier about the number of prosecutions and was told 15,000. I then asked about the number of custodial convictions, so I wonder whether the Minister has some idea of that figure.
Chris Skidmore
I was coming to that point. The figures mentioned earlier were for prosecutions for hate crime. There were 15,442 prosecutions in 2015-16, of which 12,846 were successful. I hope that deals with my right hon. Friend’s point.
The recent Digital Economy Act 2017 will help to ensure that online abuse is tackled by requiring a code of practice to be established. The code will set out guidance on what social media providers should do in relation to conduct on their platforms that involves the bullying or insulting of an individual, or other behaviour likely to intimidate or humiliate. That work will be part of the ongoing work on the digital charter, which was mentioned in the Queen’s Speech.
Additionally, an internet safety strategy Green Paper will be published shortly and will include a consultation, which we expect to be published in the autumn, on a variety of issues related to countering online harm and internet safety. In answer to the hon. Members for Lancaster and Fleetwood (Cat Smith) and for Newcastle upon Tyne Central, there will be, and have been, regular meetings with social media platforms as part of the internet safety strategy consultation.
The Government are determined that hate crime of any form will have no place in our society, and last summer the Home Secretary set out the steps the Government will take to prevent all forms of hate crime, to increase the reporting of offences and to support victims through the hate crime action plan. The plan focuses on five key strands, including preventing hate crime by challenging beliefs and behaviours and by building on the understanding of hate crime.
The Home Secretary has also commissioned Her Majesty’s inspectorate of constabulary to carry out an inspection on all five monitored hate crime strands—race, religion, sexual orientation, disability and transgender identity—including for online hate crime, to build a national picture of how effectively and efficiently police forces deal with hate crime. The Government will consider the findings of that review and how best to take them forward.
The hon. Member for Lancaster and Fleetwood asked about specific figures over the general election period. I note her concern that we do not have the reported figures for that period. I assure her that I will raise the issue in a meeting with the Electoral Commission and the National Police Chiefs Council. She is right that we can only go forward if we have increased transparency on the level of crimes committed during the election period.
As I have said, what is illegal offline is also illegal online. No one should ever be the victim of threatening or intimidating behaviour. Although the consultation of the Committee on Standards in Public Life has now closed, it should not preclude any Member with an example of abuse from going to their local police and, importantly, to the Metropolitan police parliamentary liaison investigations team. I am sure many Members will have seen the recent figures showing that the team has already dealt with 71 complaints of malicious communication. It is important that Members know that the Metropolitan police has this investigations unit and that it is used.
Members on both sides of the House have mentioned the imprint and the current inconsistency between parliamentary elections and local elections, with councillors having to reveal their address. I entirely sympathise with those concerns. The Cabinet Office has begun to review and to look again at the imprint, and particularly at the issue of candidates’ addresses being put on ballot papers. My officials are already engaging with the Electoral Commission and the Association of Electoral Administrators, and I assure the House that we are looking closely at how we can take action to sort that inconsistency.
Everyone in society should feel that they can participate in the democratic process. As our democracy is built on the foundation of inclusion and tolerance, no one should be deterred from standing for office. As the Under-Secretary of State for the Home Department, my hon. Friend the Member for Truro and Falmouth (Sarah Newton) said, this is a noble profession.
I thank Members for contributing to the debate. Although, as my hon. Friend said, the consultation is closed, as Members of Parliament we must stand up for ourselves and for anyone who stands in our democratic elections wherever we spot abuse and intimidation. We need to ensure that we safeguard our democratic processes.
Question put and agreed to.
Resolved,
That this House has considered the abuse and intimidation of candidates and the public during the General Election campaign.